Utility and Rights in Common Law Reasoning: Rebalancing Private Law Through Constitutionalization

Rights of embryo and foetus in private law.

Advancing Women’s Rights Through Islamis Law:

This article discusses the challenges and opportunities for advancing women’s rights through Islamic law using contemporary Morocco as a case study. Part I provides an overview of women’s rights in Morocco including the historic 2004 Mudawana (Code of Personal Status) reforms. Part II discusses the social roles, cultural representations, and socioeconomic realities of Moroccan women, emphasizin...

Liabilities in Private Law

This article elaborates upon and defends the distinction between “primary duty” claims and “primary liability” claims in private law introduced in a previous article. In particular, I discuss the relevance of the distinction to the debates over fault and strict liability and “duty skepticism” and to the relationship between primary and remedial rights. I argue that the tendency to assume that a...

Moral law and human rights.

HE purpose of this paper is to examine some of the basic terms in the discussion of 1 the theme of this symposium on 'Ethics and the practice of medicine'. These terms can be grouped under the headings of moral law and human rights; for if these two terms are defined a great many of the principles, whose application to medical practice is in question, will have been examined. A general paper li...

Law, cosmopolitan law, and the protection of human rights

In Between Facts and Norms, Habermas articulates a system of rights, including human rights, within the democratic constitutional state. For Habermas, while human rights, like other subjective rights have moral content, they do not structurally belong to a moral system; nor should they be grounded in one. Instead, human rights belong to a positive and coercive legal order upon which individuals...